Current Legal News

Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.

Putnam County Judge Nolan R. Goolsby was honored with the 2013 McCain-Abernathy Memorial Award, the highest distinction conferred by the Tennessee Council of Juvenile and Family Court Judges (TCJFCJ). Judge Goolsby was nominated by his colleagues in recognition of decades of outstanding service and dedication to the improvement of juvenile justice for the benefit of children and families in Tennessee. The Administrative Office of the Courts has more.

Special elections will be held in Memphis on Oct. 8 and Nov. 21 to fill the seat in the House of Representatives left open with the death of state Rep. Lois DeBerry. The Tennessean reports that Gov. Bill Haslam set the dates on Tuesday for the primary and general elections for the 91st House District, which stretches south of midtown Memphis as far as the Whitehaven neighborhood.

Gov. Bill Haslam named Larry Martin commissioner of the state Department of Finance and Administration, the Chattanoogan reports. Martin has served as the interim commissioner since June 1 after former commissioner Mark Emkes’ retirement. “I want to thank Larry for continuing to serve Tennesseans as the F&A commissioner,” Governor Haslam said. “Putting together the budget is one of the most important things we do, and Larry’s skills and experience with complex systems and organizations is unmatched.”

Carter County attorney and former state representative Jerome Cochran confirmed Monday he intends to challenge District Attorney General Tony Clark in next year’s general election, the Johnson City Press reports. Cochran was first elected to the Tennessee House of Representatives in 2002 when he unseated longtime state Rep. Ralph Cole.

When U.S. Attorney General Eric Holder talked this week about “a fundamentally new approach” to the crimes federal prosecutors pursue and the sentences they seek, he outlined an approach that has been taking shape in the U.S. District Court for the Western District of Tennessee for several years, the Memphis Daily News reports. According to the publication, Holder’s “Smart on Crime” initiatives include the re-entry and drug court dockets already in use in the Western District of Tennessee to continue direct supervision by a judge of offenders after they serve their federal time. “Diversion was something that was somewhat nonexistent,” said Ed Stanton, U.S. Attorney for West Tennessee. “It’s been my policy that diversion should certainly be a tool to be considered when warranted.”

Knoxville’s Industrial Development Board is considering a proposal to develop the site where the Tennessee Supreme Court building used to stand into an $84 million hotel, residential, retail and restaurant development. Gateway Knoxville LLC has been chosen from among five companies vying for the prime real estate located in downtown Knoxville. "Rarely do you get to redevelop a full block of city property. We're going to try to take our time and look at a couple of options before we move forward," said the city's director of redevelopment, Bob Whetsel. WBIR has the story.

The Tennessee Supreme Court ruled unanimously yesterday that the Hamilton County Sheriff’s Department Civil Service Board exceeded its statutory authority in ordering Hamilton County Sheriff Jim Hammond to equalize the pay of six sergeants in the department who filed a grievance contending pay disparity. The Supreme Court reversed the Tennessee Court of Appeals decision and determined that the sheriff did not have to pay all the sergeants the same rate when there was no proof that the sheriff violated state law or terms of the Civil Service Manual. Read the opinion here, authored by Justice Lee.

The Tennessee Bar Association honored former TBA President Gail Vaughn Ashworth with a reception Saturday (Aug. 10) during the ABA Annual Meeting in San Francisco. The event was hosted by the Tennessee Bar Association with generous support from the University of Tennessee College of Law, the University of Memphis Cecil C. Humphreys School of Law, Vanderbilt University Law School and Belmont University College of Law.

The TBA YLD was recognized for a number of programs and activities at the ABA YLD Annual Meeting this past weekend in San Francisco. The YLD was awarded first place in the Minority Project category for its new invited guest program, which seeks to include the broadest range of perspectives and experiences on its governing board by inviting representatives from all specialty and minority bars in the state to attend meetings and participate in decision-making. It also received special recognition for its annual Mock Trial Competition and its overall member service and public service initiatives. Read more in a message from YLD President David McDowell.

The TBA YLD was recognized for a number of programs and activities at the ABA YLD Annual Meeting this past weekend in San Francisco. The YLD was awarded first place in the Minority Project category for its new invited guest program, which seeks to include the broadest range of perspectives and experiences on its governing board by inviting representatives from all specialty and minority bars in the state to attend meetings and participate in decision-making. It also received special recognition for its annual Mock Trial Competition and its overall member service and public service initiatives. YLD President David McDowell provides more details below.

The family of Brentwood teen Kendall Oates is still seeking answers about their son a year after he died in Department of Children’s Services (DCS) custody, The Tennessean reports. DCS records show Oates, who suffered from seizures, may have lain sick or dead for hours, undetected by a security guard who was supposed to check on him every 15 minutes. In addition, DCS was required to administer anti-seizure medication, but the autopsy found no trace of the medicine in his body. Finally, Oates was not wearing his lifesaving anti-seizure wristband, which he was required to wear at all times. Oates’ parents have tried to get their son’s records to no avail. And now that a year has passed, a wrongful death suit is not an option. Meanwhile, DCS closed its investigation, finding that the teenager died of natural causes.

Four Tennessee lawyers were selected for leadership positions in the ABA and other national organizations this past week: former TBA President and Memphis lawyer Danny Van Horn was named chair of the ABA Standing Committee on Membership; Knoxville lawyer Carole Lynch Worthington was elected to an at-large seat in the ABA House of Delegates; and Tennessee Attorney General Robert Cooper was named to another term as a delegate to the ABA House, representing the National Association of Attorneys General. In addition, former Nashville Bar Association President and TBA Delegate to the ABA Jonathan Cole was elected secretary of the National Conference of Bar Presidents -- a move that puts him in line to lead the group in several years. Cole is only the third Tennessean to hold that position, following in the footsteps of Memphis lawyer Shepherd Tate and Worthington.

Accepting the presidential gavel today at the ABA Annual Meeting, New York lawyer James Silkenat laid out a series of initiatives he intends to focus on during his year in office. These include a renewed effort to improve access to justice, creating employment opportunities for new lawyers and addressing the public policy issues of gun violence, immigration and election law reform. The ABA Journal reports.

The U.S. Justice Department and attorneys general from Tennessee and five other states have sued to stop the proposed merger between US Airways and Americans Airlines, WRCB-TV reports. The suit, filed in federal court today, alleges that the merger would result in "higher airfares, higher fees and fewer choices." Washington, D.C., also joined the suit, the Nashville Business Journal reports. In announcing the move, Attorney General Robert Cooper said, "Studies show that Tennessee's four major airports … will experience fewer flights to certain destinations and travelers will pay more for remaining flights” if the merger is completed. Read more in this release from the AG's office.

Former U.S. Supreme Court Justice Sandra Day O'Connor, speaking Monday to the National Conference of State Legislatures, urged lawmakers to help improve civics education in their states' schools. The former justice, who spearheaded the iCivics program, says the increasing politicization of the country's courts is a problem and that better civics education could help reverse that trend. WDEF News 12 has the story.

U.S. Supreme Court Justice Anthony M. Kennedy spoke out against human trafficking on Saturday after attendees at the ABA Annual Meeting had heard from Minh Dang, a victim of human slavery. In his keynote address, Kennedy recounted statistics indicating there are 27 million people being held as slaves around the world, with at least 100,000 of them in the United States. "Let's stop human trafficking," he said. "I urge you to continue to bring this to the world's attention." On Monday, the ABA House of Delegates overwhelmingly approved model legislation for states to use in adopting new prohibitions against human trafficking. In related news, the Equal Opportunity Employment Commission announced it has begun using civil actions -- which require a lesser burden of proof than criminal actions -- against those who traffic or abuse employees, while a federal judge struck down a New Jersey law aimed at fighting the sexual trafficking of minors. The ABA Journal has more on these developments.

Legal Aid of East Tennessee (LAET) is in the midst of its annual fundraising effort and this year’s Campaign for Justice includes a new opportunity for firms to support pro bono. The LAET Leadership Cabinet is open to all law firms whose annual combined firm and individual attorney giving averages at least $250 per firm lawyer. Leadership Cabinet member firms will be recognized in the agency’s annual report, newsletters and other publications. Class of 2013 members also will be recognized as charter members if they maintain Leadership Cabinet membership in successive years. Read more about the program in this article from the Knoxville Bar Association's magazine. For more information contact LAET Resource Development Director Bill Evans at bevans@laet.org or (865) 521-4948.

A federal judge ordered an independent monitor to oversee reforms to the New York City Police Department's stop-and-frisk practice after ruling the policy violated the U.S. Constitution. The ruling, released Monday, found that “the city acted with deliberate indifference toward the NYPD's practice of making unconstitutional stops and conducting unconstitutional frisks." In addition, the judge wrote, “the city adopted a policy of indirect racial profiling by targeting racially defined groups for stops based on local crime suspect data. This has resulted in the disproportionate and discriminatory stopping of blacks and Hispanics in violation of the Equal Protection Clause." The Wall Street Journal has more.

The Knoxville Bar Association (KBA), the University of Tennessee College of Law and the Lincoln Memorial University Duncan School of Law invite area lawyers and law students to their annual Minority Law Student Reception. The event will take place Sept. 24 from 5:30 to 7 p.m. at The Southern Depot, 318 W. Depot Ave. Curtis L. Collier, U.S. District Judge Eastern District of Tennessee, will be the guest speaker. The KBA also announced a “Buddy Match Program” to pair practicing lawyers with minority law students who plan to attend. To participate in the Buddy Program RSVP to (865) 522-6522 by Sept. 15. Others should respond by Sept. 19.

Don’t have time during the week to get your ethics hours? Grab a cup of coffee and join our Saturday ethics seminar this weekend at 8 a.m. The three-hours presentation will feature topics such as notary issues for lawyers, how to start a paperless practice, and ethical issues concerning conservatorships. Coffee, all the fancy fixin's, and pastries will be hot and ready to enjoy as soon as you walk in the door. Don’t miss this rare Saturday seminar.